Legal Assistance for Laid Off Federal Workers

The unprecedented nature of the mass terminations of probationary workers, communications staff, and employees of Diversity, Equity, Inclusion, and Accessibility offices in the federal government has sent many people to seek legal representation or advice as they navigate their appeal and reinstatement options. We will keep this page updated with information on any class action cases that may arise as well as contact information for some law firms that may specialize in federal employee representation.

Legal Assistance

Federal employees who face termination or job loss due to a Reduction in Force (RIF) or other adverse actions have specific legal appeal rights. These rights are designed to ensure that terminations are fair, follow proper procedures, and comply with federal employment laws. The appeal process depends on the circumstances of the termination, the employee’s status, and the reason for the separation.

1. Merit Systems Protection Board (MSPB) Appeals

Most federal employees who are removed due to a RIF or adverse action (e.g., misconduct, poor performance) have the right to appeal to the Merit Systems Protection Board (MSPB). The MSPB is an independent agency that reviews personnel decisions to ensure they follow merit system principles.

Employees must file an appeal within 30 days of the effective date of their separation.
The agency must show that the termination was lawful and in compliance with federal regulations.
The MSPB can reverse the decision if it finds that the termination was improper, discriminatory, or retaliatory.

2. Reduction in Force (RIF) Appeal Rights

A Reduction in Force (RIF) occurs when an agency eliminates positions due to budget cuts, reorganization, or downsizing. RIF actions must follow specific procedures, including:

Seniority-based retention rights (employees with more tenure or veterans' preference may have priority for reassignment).
Bumping and retreat rights, which may allow affected employees to take a different position within the agency.
Notice requirements (employees must receive at least 60 days' notice of a RIF, unless a waiver has been obtained from OPM).

If an employee believes a RIF decision violated regulations, they may file an appeal with the MSPB. However, RIF decisions based solely on budgetary constraints and not improper conduct or discrimination are more difficult to challenge.

3. Equal Employment Opportunity (EEO) Complaints

If a federal employee believes their termination was based on discrimination (e.g., race, gender, age, disability, or retaliation for whistleblowing), they can file a complaint with the Equal Employment Opportunity Commission (EEOC).

The complaint must first be filed with the agency’s EEO office within 45 days of the termination.
If unresolved, employees can escalate the complaint to the EEOC or file an MSPB appeal if the case involves both discrimination and an adverse personnel action (a "mixed case").

4. Whistleblower Protection & Retaliation Claims

If an employee is terminated after reporting misconduct, fraud, waste, or abuse within the federal government, they may have protections under the Whistleblower Protection Act (WPA).

Employees can file a claim with the Office of Special Counsel (OSC), which investigates whistleblower retaliation.
If OSC does not resolve the issue, the employee can appeal to the MSPB or take the case to court.

5. Union & Grievance Rights

Unionized federal employees may have additional protections under their collective bargaining agreement (CBA). Depending on the agreement, affected employees may be able to file a grievance through their union instead of (or in addition to) an MSPB appeal.